Gary Corby - The Pericles Commission

In the end, he sat. He had brought out his entire case against me, and few of the dicasts would remember it.

Xanthippus declared a break for lunch.

Pericles said, “That was one of the more remarkable cases I’ve ever observed. Some will believe Xanthippus’ accusation that we arranged it to cast doubt on the case against you by spraying suspicion elsewhere. They will certainly vote against you. Some will forget every word Conon said and remember only those truly remarkable breasts.” We sat silent in fond remembrance ourselves.

If the chamber had been full in the morning, it was positively packed in the afternoon. Word of Euterpe’s performance had flown across Athens and most of the male population had arrived in hopes of more.

Xanthippus declared, “The prosecution has rested. The defense may begin.”

I rose unsteadily to my feet. My heart was thumping and my mouth was suddenly dry. I felt one thousand and one sets of eyes upon me.

In that instant I forgot everything Pericles had told me about how to address a crowd. Should I face the dicasts or the judges? I’d forgotten, and it seemed terribly important to get it right. I compromised by turning to the gap between them, thus facing no one. Dear Gods, Pericles did this every day. The man must have astounding nerves and the courage of a lion.

I have never stuttered in my life, but I stuttered now, “I–I…er, men of Ath-Athens, hon-honorable dic-dic-dicasts.” Conon was smirking. I knew the bastard thought he had this case in the bag. That made me angry. I stopped and took a deep breath. The words of my set speech came back to me, and I repeated them. “Honorable dicasts. I am Nicolaos, son of Sophroniscus, and an innocent man. I did not commit this crime.

“I had the bad luck to be standing underneath when the body of Ephialtes fell from the very rock upon which we now sit. The shock of this terrible crime happening before my eyes led me to investigate the circumstances.” Now my throat caught, for the lies would begin, but Pericles had pounded into me that only the simplest story would wash with the dicasts. Seeing them before me now, I realized he was right. These were not men to delight in a subtle argument. They wanted their proof simple and obvious.

“But these other deaths are all coincidence, fellow citizens, or at least nothing to do with me. I went to see Brasidas about a bow, it is true, but it was next day he was killed, when I was far away. As for these other deaths…”

I proceeded by denying everything. Sophroniscus told me later that I sounded like a schoolboy reciting his homework, quickly and with intonations in all the wrong places. No matter, I got the words out when a moment before I had dried completely, and that was enough of a relief to me.

“My friend Pericles will continue my argument.” This is the ritual statement that allows one man to speak for another in the courts.

The dicasts were surprised at my announcement, and not pleasantly. A man in the jury stood and shook his fist. “You promised you would prosecute the man who killed Ephialtes, Pericles. Now I see you defending the bastard!”

Pericles stood and walked to the section of benches that held his heckler. He remained silent for a moment, and the jury went quiet in anticipation. Pericles, without anger but with a touch of remorse, looked the heckler in the eye and said, “So I did, sir, and so I shall. I am sad to say Conon has charged the wrong man. If I am to bring the real murderer of Ephialtes to justice I must first help clear this young man, whose only crime has been to expend his utmost energies to assist the state.

“Gentlemen of the jury, I speak to you not only as a friend of the accused, the young man Nicolaos, I speak also as the dear friend of my mentor Ephialtes, a man I admired above all others.” Pericles cast a significant glance at his father. “And I will be honest with you, it is Ephialtes I admire and esteem more than Nicolaos. Is it likely I would be defending Nicolaos if I thought he had any hand in the death of my greater friend?

“I came upon the scene shortly after Ephialtes fell. Nicolaos was already there and I say to you, gentlemen, that there is no possible way Nicolaos could have shot Ephialtes upon the Rock, then rushed down in time for me to find him where I did. It follows as night the day that Nicolaos is the only man in Athens who certainly could not have killed Ephialtes. Keep this important point in mind, for it is the beginning and the end of our perfectly simple defense. Any man could have been upon the Rock…any man except Nicolaos. Why, I myself had more opportunity to do the deed than he.”

Pericles paused for effect, allowing the thousand and one men of the jury to contemplate such a ridiculous notion.

“We will now hear the testimony of Pythax, Chief of the Scythians.”

Pythax stood and stepped forward for all the jury to see him. In accordance with judicial process he would not speak himself. He seemed nervous to me, looking about, twitching and shuffling his feet. I smiled in sympathy.

Pythax didn’t like public speaking any more than I.

Pericles read the witness statement of Pythax. When he finished Xanthippus completed with the formal words, “Pythax, Chief of the Scythians, are these your true words?”

The formal response is, “This is my testimony on the case.” Instead, Pythax said, loud enough for everyone in the chamber to hear, “No, I lied.”

Pericles dropped the parchment of testimony in shock. The jury erupted in excitement. Xanthippus shouted, “Silence! Silence in the dicasts! I remind you this is a court of homicide, not a day out at the theater.” Xanthippus stared at Pythax in dismay. “Very well, Pythax, I suppose you had better have your say.”

“It was no accident I happened along as Nicolaos fought Aristodicus. I was ordered to follow him. I was ordered to make sure he didn’t find out too much.”

Pericles was visibly distraught, his face white. He swallowed, and forced himself to ask the next question. “Who gave you those orders?” A hush fell upon the chamber.

“Xanthippus.” The name rang across the court.

The dicasts leaped from their seats, shouted, screamed, and hit one another in excitement. I had seen similar behavior at the chariot races, but nowhere else.

I’m sure Apollo must have been with me, because divine inspiration struck in that instant. Suddenly I was sure I understood everything, and if I was right, I could confirm it all with one question that was burning in my mind. I shouted, “Pythax, was your job to stop me finding out about Themistocles and the Council?” The jury didn’t hear me in their furor, and nor did Pythax, but the judges did. Xanthippus gave me a long stare and Demotion appeared startled. Lysanias kept a studiously blank face. Demotion turned and said something to the Council members behind. They stirred and talked among themselves.

Xanthippus himself was shouting to have the chamber silenced, but without success. There was nothing for it but to wait for the excitement to die down. When it did, Pericles stepped forward to the judicial bench and said, “So it was you, Father. I’ll have to ask Archestratus to prosecute you. I can’t do it myself or I might be accounted a patricide by the Gods.”

Xanthippus looked down upon his son in horror. “Pericles, my son, I said it once before in private. Let me say it again before all those assembled. I am more proud of you than you can conceive. I would never allow harm to come to you.”

Pericles looked away and said, “I know that, Father. That’s why it grieves me so to have to do my duty to the state.” I had observed before that Pericles was given to public displays of emotion, but even I was shocked to see a tear trickle down his cheek.